Budget Implementation Act, 2008

An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Jim Flaherty  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 enacts a number of income tax measures proposed in the February 26, 2008 Budget. In particular, it
(a) introduces the new Tax-Free Savings Account, effective for the 2009 and subsequent taxation years;
(b) extends by 10 years the maximum number of years during which a Registered Education Savings Plan may be open and accept contributions and provides a six-month grace period for making educational assistance payments, generally effective for the 2008 and subsequent taxation years;
(c) increases the amount of the Northern Residents Deduction, effective for the 2008 and subsequent taxation years;
(d) extends the application of the Medical Expense Tax Credit to certain devices and expenses and better targets the requirement that eligible medications must require a prescription by an eligible medical practitioner, generally effective for the 2008 and subsequent taxation years;
(e) amends the provisions relating to Registered Disability Savings Plans so that the rule forcing the mandatory collapse of a plan be invoked only where the beneficiary’s condition has factually improved to the extent that the beneficiary no longer qualifies for the disability tax credit, effective for the 2008 and subsequent taxation years;
(f) extends by one year the Mineral Exploration Tax Credit;
(g) extends the capital gains tax exemption for certain gifts of listed securities to also apply in respect of certain exchangeable shares and partnership interests, effective for gifts made on or after February 26, 2008;
(h) adjusts the rate of the Dividend Tax Credit to reflect corporate income tax rate reductions, beginning in 2010;
(i) increases the benefits available under the Scientific Research and Experimental Development Program, generally effective for taxation years that end on or after February 26, 2008;
(j) amends the penalty for failures to remit source deductions when due in order to better reflect the degree to which the remittances are late, and excuses early remittances from the mandatory financial institution remittance rules, effective for remittances due on or after February 26, 2008;
(k) reduces the paper burden associated with dispositions by non-residents of certain treaty-protected property, effective for dispositions that occur after 2008;
(l) ensures that the enhanced tax incentive for Donations of Medicines is properly targeted, effective for gifts made after June, 2008; and
(m) modifies the provincial component of the SIFT tax to better reflect actual provincial tax rates, effective for the 2009 and subsequent taxation years.
Part 1 also implements income tax measures to preserve the fiscal plan as set out in the February 26, 2008 Budget.
Part 2 amends the Excise Act, the Excise Act, 2001 and the Customs Tariff to implement measures aimed at improving tobacco tax enforcement and compliance, adjusting excise duties on tobacco sticks and on tobacco for duty-free markets and equalizing the excise treatment of imitation spirits and other spirits.
Part 3 implements goods and services tax and harmonized sales tax (GST/HST) measures proposed or referenced in the February 26, 2008 Budget. It amends the Excise Tax Act to expand the list of zero-rated medical and assistive devices and to ensure that all supplies of drugs sold to final consumers under prescription are zero-rated. It also amends that Act to exempt all nursing services rendered within a nurse-patient relationship, prescribed health care services ordered by an authorized registered nurse and, if certain conditions are met, a service of training that is specially designed to assist individuals in coping with the effects of their disorder or disability. It further amends that Act to ensure that a variety of professional health services maintain their GST/HST exempt status if those services are rendered by a health professional through a corporation. Additional amendments to that Act clarify the GST/HST treatment of long-term residential care facilities. Those amendments are intended to ensure that the GST New Residential Rental Property Rebate is available, and the GST/HST exempt treatment for residential leases and sales of used residential rental buildings applies, to long-term residential care facilities on a prospective basis and on past transactions if certain circumstances exist. This Part also makes amendments to relieve the GST/HST on most lease payments for land on which wind or solar power equipment used to generate electricity is situated.
Part 4 dissolves the Canada Millennium Scholarship Foundation, provides for the Foundation to fulfill certain obligations and deposit its remaining assets in the Consolidated Revenue Fund, and repeals Part 1 of the Budget Implementation Act, 1998. It also makes consequential amendments to other Acts.
Part 5 amends the Canada Student Financial Assistance Act and the Canada Student Loans Act to implement measures concerning financial assistance for students, including the following:
(a) authorizing the establishment and operation, by regulation, of electronic systems to allow on-line services to be offered to students;
(b) providing for the establishment and operation, by regulation, of a program to provide for the repayment of student loans for classes of borrowers who are encountering financial difficulties;
(c) allowing part-time students to defer their student loan payments for as long as they continue to be students, and providing, by regulation, for other circumstances in which student loan payments may be deferred; and
(d) allowing the Minister of Human Resources and Skills Development to take remedial action if any error is made in the administration of the two Acts and in certain cases, to waive requirements imposed on students to avoid undue hardship to them.
Part 6 amends the Immigration and Refugee Protection Act to authorize the Minister of Citizenship and Immigration to give instructions with respect to the processing of certain applications and requests in order to support the attainment of the immigration goals established by the Government of Canada.
Part 7 enacts the Canada Employment Insurance Financing Board Act. The mandate of the Board is to set the Employment Insurance premium rate and to manage a financial reserve. That Part also amends the Employment Insurance Act and makes consequential amendments to other Acts.
Part 8 authorizes payments to be made out of the Consolidated Revenue Fund for the recruitment of front line police officers, capital investment in public transit infrastructure and carbon capture and storage. It also authorizes Canada Social Transfer transition protection payments.
Part 9 authorizes payments to be made out of the Consolidated Revenue Fund to Genome Canada, the Mental Health Commission of Canada, The Gairdner Foundation and the University of Calgary.
Part 10 amends various Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 9, 2008 Passed That the Bill be now read a third time and do pass.
June 2, 2008 Passed That Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, be concurred in at report stage.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 121.
June 2, 2008 Failed That Bill C-50 be amended by deleting Clause 116.
April 10, 2008 Passed That the Bill be now read a second time and referred to the Standing Committee on Finance.
April 10, 2008 Passed That this question be now put.
April 9, 2008 Failed That the motion be amended by deleting all the words after the word "That" and substituting the following: “this House declines to give second reading to Bill C-50, An Act to implement certain provisions of the budget tabled in Parliament on February 26, 2008 and to enact provisions to preserve the fiscal plan set out in that budget, since the principles of the Bill relating to immigration fail to recognize that all immigration applicants should be treated fairly and transparently, and also fail to recognize that family reunification builds economically vibrant, inclusive and healthy communities and therefore should be an essential priority in all immigration matters”.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:25 p.m.
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Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Mr. Speaker, there is only one thing I would like to address, even though there were many issues in the hon. member's speech.

I am greatly surprised with the issue that the NDP brings up over and over. It is its objection to paying down debt. It is my distinct belief that when people borrow money, it is because they do not have enough for what they want to do. I would like to blame the Liberals from the 1970s on. They drove this country into huge debt from which we need to escape.

The reason I think it is strange for the NDP to have this stance is that people who have more money than they need invest it and buy Canada savings bonds. People who are poor cannot. They are the working poor usually. They still pay taxes. We have a transfer of money from the poor to the rich when we have national debt. We need to get rid of that debt in order to stop that transfer. I am surprised that the NDP does not support the paying down of debt.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:25 p.m.
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NDP

Peggy Nash NDP Parkdale—High Park, ON

Mr. Speaker, of course, we agree with paying down debt.

It is a question of balance. We do not need to be the most aggressive debt payers of the G-8. To me it defies logic that people would want to completely pay off their mortgage, but have a big hole in the roof and be unable to keep the rain out. It is a question of balance. The debt should be paid down, but we also invest in our society and in our economy today to ensure that we take care of people.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:25 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, it is a privilege to stand again in Parliament and speak about the types of issues that the Conservative Party brings forth within a budget.

We have an amendment now in front of us dealing with Bill C-50 to separate some of the immigration issues that are extremely important to Canadians right across the country and in my riding as well.

We think it is absolutely imperative that the heavy-handed legislation that has been introduced through the budget process be taken out.

For myself and the constituents I represent, the situation with immigration is horrendous. The backlog means loss of productivity and loss of sense of identity for many people across the country. We need to change that, yes, but to change it as it is proposed, where we could arbitrarily choose those we wish to reward with the benefits of a properly working immigration system is really wrong.

We need to keep it democratic and we need to keep it fair across this country. That is why we have put this amendment forward and that is why we will continue to not support this bill as long it contains this type of effort.

Having said that, I would like as well to talk about the budget and the budget implementation bill. In reality, I have actually been harangued by many in the Conservative Party about my position to not support the budget. So, I would like to explain that to people and get it on the record.

The other day the Parliamentary Secretary to the Minister of Finance, the member for Macleod, claimed that my constituents were extremely disappointed with me for not supporting the budget. I do not understand why he would say that, but he continued by saying that a member from the Northwest Territories who did not support a northern residents tax reduction was really failing his constituents.

When we look at the record, we will see that for the past eight years I have been fighting, in three elections, to put forward the concept that fairness within the northern residents tax deduction needs to be addressed.

In this Parliament, I have been consistently bringing this issue up and putting it on the order paper. I have worked with my constituents across the Northwest Territories and in the other northern territories to raise petitions and to bring attention to this issue.

It is nice to see that the Conservative Party has picked up on the issue, but it did not get the job done. A 10% increase to the northern residents tax deduction is simply a convenience to the Conservative Party so that it can say to the electorate “We did this”, when in fact what was required and was asked by all my constituents, whether they be labour, whether they be the chambers of commerce, or whether they be the legislative assemblies, was a 50% increase just to keep up with inflation for the past 20 years.

The Conservative Party did not get the job done in this budget with the northern residents tax deduction and it should be ashamed to try to fool Canadians into thinking that it did.

The Prime Minister was in my riding, in Yellowknife, a number of weeks ago. What did he do? He stood and harangued me for not supporting the budget. The Prime Minister took the time to tear into the member for Western Arctic because I did not support the budget. The Prime Minister used the northern residents tax deduction as a convenient tool to try to increase the electoral chances of his party in my riding. What a shame-faced effort that was by the Prime Minister.

That is the kind of common approach that I see this Conservative Party taking on so many issues for the north. It talks big about what it is doing for the north and yet everything it does has a hidden touch to it; it turns out to be less than what is expected.

The Minister of Indian Affairs and Northern Development came up north the other day and talked about what he had done for crime prevention, with the new fund he set up for police procurement in the north. He is offering up $800,000 over five years to the Northwest Territories, an amount which the minister of justice in my territory admitted was only 70% of one police officer position.

In a territory that has extreme problems of distance, the cost to move police services across a vast area the size of one-sixth of the whole country of Canada, the government has offered up 70% of a police officer over the next five years to answer our needs. After the kinds of incidents in the north of over the last year with police, the troubles policemen have had, having to act on by themselves because they simply do not have the resources to implement the proper procedures used in normal situations and we this is what we get. Once again, the Conservative Party brags about a program that really amounts to nothing.

Then we go back to previous budgets wherein the Conservative government brought forward a new formula funding agreement, which at the time it touted as being very progressive. Once again, it was established that the funds would go to the three northern territories, not on what it would cost to provide services in the north, but on a per capita basis. Costs in the north are rising daily. The expanding economy in western Canada is driving up the costs to everyone to a great degree.

After the wonderful work the Conservative Party did with the new formula financing agreement, the territorial government now says it is $135 million short. It will have to cut positions and very particular things that it needs to do to provide decent services within the Northwest Territories. Therefore, we have a problem right now.

When we talk about the Northwest Territories, it is an area where money is being made. We in the Northwest Territories want to see devolution. We want to see revenue sharing from resources, which is an important thing for us, but we do not want to be shorted on that as well.

When the Conservative government announced that it would continue the $500 million socio-economic fund to be set up for the pipeline, what did it say about it? It said that the fund would not be available until the pipeline was guaranteed and that the fund was okay because it would come out of the royalties that would be accrued to the Mackenzie gas project. That is not a subsidy. That is simply giving us the money that should be ours.

If the Conservative Party is providing this fund to the north to mitigate socio-economic activities will come as a result of industrial expansion that will favour southern Canada, it should take that money out of the revenues that accrue to southern Canada, not the ones that come to the Northwest Territories. That is unfair. Once again it shows the nature of the Conservative Party when it comes to funding the north and giving it a fair share.

What about the Norman Wells project? Oil has been pumped through that pipeline from Norman Wells for some 20 years. Right now, the federal government will not put it on the table in devolution. It will not put the revenue from that project on the table. The Conservatives say that it is their money, that they traded royalties for ownership of the pipeline, that they own 33% of the pipeline and they will not share it with us in the Northwest Territories. They say that they will not give us our fair share. What kind of deal is that? What kind of respect for the Northwest Territories is that from the Conservative Party?

Would the Alberta MPs who sit in the House be satisfied with this kind of arrangement for their provinces? I do not think so. I think they would be up yelling like I am right now.

When it comes to the diamond mines, when the original environmental assessment was set up, the benefits the Northwest Territories were to receive were employment and business opportunities based on a certain rate of production. Some of the mines are exceeding their production by 50%. Do we see the government standing up for our interests in this? No. It continues to let it go, with bigger profits and bigger taxes that will accrue to the federal government. Where does that leave the people of the Northwest Territories?

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:35 p.m.
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Fort McMurray—Athabasca Alberta

Conservative

Brian Jean ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, I listened with apt attention to my friend who has the riding just north of mine in northern Alberta. He asked me to say something as an Albertan MP.

I noticed he was a little nervous about the security of his own riding after the Prime Minister visited it and made some great announcements, and I understand his nervousness. However, some of my constituents received an increase in the northern living allowance. After 20 years, that is the first increase in the northern living allowance. I am very proud of our government for that increase.

As well, I want to let the member know that yesterday I had the opportunity to meet with the minister of transport in the Northwest Territories. He is very happy with the federal government. He is very happy with the initiatives we have taken. He is very happy with the money we have invested in the building Canada fund and the other issues in the Northwest Territories.

Has the member had an opportunity to speak with members of the governing body for the Northwest Territories and talked to them about how happy they are with the Prime Minister and how excited they are with this government for the steps it has taken to help them after nothing was done by the previous Liberal government?

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:35 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, the hon. member's riding is next to mine, a riding from which I do get some things. They come in by air, by water and from the development that his riding depends on for its economy.

When the Conservative Party dealt with the capital gains exemption in the last budget, and it had been 20 years since it was increased, it said that it was fair, that it would raise it by 50%. That was the amount of inflation taken out the benefit over that time. What is different about the northern residents tax deduction? Why did we only get 10%? Is that because we are second class citizens up there? Is that because we do not deserve that kind of benefit, that we are not working hard, that we are not contributing to Canada? I do not think so. I think it is because the Conservative Party is treating the north badly.

I spoke to my minister of transport the other day, as well. He is a very positive guy. He would be positive at any time. I certainly hope that his positive nature will not be affected by any more trips to Ottawa to meet with the Conservative Party. If it is, I will have to try to encourage him to keep his smile, to keep working hard for the people of the Northwest Territories.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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NDP

Peter Stoffer NDP Sackville—Eastern Shore, NS

Mr. Speaker, I might have a little history check for the hon. member regarding the budget. He talked about the northern allowance. I also remind him of a few other promises the government made when it was in opposition.

The now Minister of Veterans Affairs and Prime Minister both said that if they were elected, they would compensate everybody in the agent orange file from 1956 to 1984. They came out with a package that even the Liberals would not have accepted, and they asked for a public inquiry. It is not done.

The Prime Minister, in a letter to a widow of a veteran, said very clearly that if the Conservatives were elected, they would immediately extend the VIP to all widows of World War II and Korea, not only some. The budget came out and 30% additional widows will get that coverage, while 70% of additional widows need not apply. Why would the government say “all” and only give it to some?

The former defence minister and the current defence minister said to our veterans who had been in Nevada for the atomic testing that the government would have a package very soon for them.

The agent orange people are now in court against the government. The atomic veterans have gone to court. The veterans facing the SISIP clawback are in court. Why do these veterans who fought so hard for our—

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

I have to cut off the hon. member there to allow the hon. member for Western Arctic a chance to respond.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, when we are dealing with the Conservative Party, we are dealing with a party that is penny-wise and pound foolish when it comes to turning out things for Canadians. The Conservatives will give away pounds to the corporations. They will turn their pockets inside out for the corporations. However, when it comes to turning over dollars to hard-working Canadians across the country, to the veterans, to all those types of people, the pockets shut, a nervous look comes over their faces and we do not see the generosity they have shown to many of their corporate friends.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

Is the House ready for the question?

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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Some hon. members

Question.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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Some hon. members

Agreed.

No.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

All those in favour of the amendment will please say yea.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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Some hon. members

Yea.

Budget Implementation Act, 2008Government Orders

April 9th, 2008 / 4:40 p.m.
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Conservative

The Acting Speaker Conservative Andrew Scheer

All those opposed will please say nay.